[HISTORY: Adopted by the Bloomfield Council
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-18-2017 by Ord. No. 17-35[1]]
[1]
Editor's Note: This ordinance superseded former Ch. 64, Parking
Authority, adopted 8-4-2003 by Ord. No. 03-27 (Ch. 45 of the 1987
Code), as amended.
The BPA, created by the Township by ordinance adopted on August
4, 2003, be and the same is hereby dissolved, subject to the terms
and conditions hereof.
Upon the effective date of the dissolution as set forth in § 64-5 of this article, all real and personal property, facilities and contracts of the BPA and all monies and funds held by or for the BPA shall be deemed transferred to and become the property of the Township. The existing officers of the BPA are hereby authorized and directed to execute any documents or instruments necessary to transfer legal title to all real property, personal property, facilities, contracts and monies and funds to the Township upon the effective date of the dissolution herein, notwithstanding the dissolution of the BPA. All documents and records of the BPA shall be delivered to the Township Clerk prior to the effective date of the dissolution.
Upon the effective date of the dissolution as set forth in § 64-5 of this article, the Township shall assume all legal obligations of the BPA, including paying all existing and outstanding creditors and obligees of the BPA. Pursuant to N.J.S.A. 40A:5A-20, and in accordance with N.J.S.A. 40A:2-l et seq., the Township shall assume responsibility for and payment of the obligations of the BPA, including existing bonded indebtedness of the dissolved BPA, provided that, prior to this assumption of debt by the Township, the Township Council determines by resolution setting forth facts that constitute the basis for the determination, that such assumption will be a cost effective means of meeting those obligations as compared with the issuance of obligations of the Township, and transmits a certified copy of that resolution to the Local Finance Board. In addition, the Township shall authorize the issuance of parking utility obligation to provide for and pay the outstanding notes of the dissolved BPA.
Upon the effective date of the dissolution as set forth in § 64-5 of this article, the Township shall own and operate the facilities previously owned by the BPA as a parking utility, and by separate ordinance hereto, the Township shall create a parking utility.[1] Upon the effective date of the dissolution as set forth in § 64-5 of this article, the Township shall assume the operation of the services previously provided by the BPA, which services are necessary for the health, safety and welfare of the users of the system.
The dissolution of the BPA shall take effect simultaneously
with the assumption of the obligations of the BPA and the payment
of the outstanding notes of the BPA, including all existing and outstanding
indebtedness, by the Township, the creation of a parking utility by
the Township for the assumption of the services previously provided
by the BPA, and the transfer of all funds from the BPA to the Township.
So as to provide for an orderly transition of the services provided
by the BPA, the ordinance creating the BPA is hereby amended to provide
that the BPA shall not be authorized to issue or authorize any obligations,
to approve or enter into any contracts or to take any other actions
which may impair or affect the Township's operation of the parking
facilities without the prior consent of the Township as evidenced
by a resolution of the Township Council; provided, however, that the
BPA may pay its legally due debt and bills incurred in the ordinary
course without the prior consent of the Township, and, provided further,
that this provision will not affect the BPA's obligations under its
existing contracts or its obligations to the holders of its bonds.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The members of the Township Council, the Township Administrator,
the Township Clerk and other employees, as directed by the Township
Administrator and/or the Township Council, are hereby authorized and
directed to take any and all steps necessary to effectuate the purposes
of this article. The members of the BPA, its officers, employees,
engineer and counsel are hereby authorized and directed to take all
steps necessary to effectuate the purposes of this article.
This article shall be submitted to and approved by the Local
Finance Board in the Division of Local Government Services, New Jersey
Department of Community Affairs, prior to final adoption in accordance
with the requirements of N.J.S.A. 40A:5A-20 and the final adoption
of this article by the Township shall represent conclusive proof of
the fact that this article has received the approval of the Local
Finance Board and following the final adoption of this article, the
Township Clerk shall immediately file a copy of this article, as finally
adopted, with the Local Finance Board and with the Secretary of State,
all in accordance with N.J.S.A. 40A:5A-20.
If any section, subsection, sentence, clause or phrase of this
article is for any reason held to be unconstitutional or invalid by
any court of competent jurisdiction, such decision shall not affect
the remaining portions of this article.
All ordinances of the Township which are inconsistent with the
provisions of this article are hereby repealed to the extent of such
inconsistency.
This article shall take effect immediately upon the adoption
hereof and shall not be subject to referendum.
[Adopted 9-18-2017 by Ord. No. 17-36]
There is hereby created under the terms of this article a public
utility for the purpose of managing its parking operations within
the Township of Bloomfield, County of Essex, State of New Jersey.
For budgetary and accounting purposes, this utility shall be a separate
entity, having its own separate accounts and its own separate property,
whether it be real, personal or mixed.
The name by which the utility shall be known is "The Bloomfield
Parking Utility," and hereinafter the "Utility."
It shall be the function of the Utility to budget and account
for the parking operations undertaken by the Township; to preserve,
care for, lay out, construct, maintain, improve and operate lands,
buildings, and facilities used for the provision of public parking
and the enforcement of the Township's laws and regulations concerning
parking; to construct, reconstruct, alter, provide, renew and maintain
buildings or other structures and equipment and provide for the care,
custody and control thereof in the operation of the Utility; to raise
money necessary to pay for the lands, rights or interest therein acquired
for parking activities, and for improving and equipping the same;
to pay or make provision for the payment of the reasonable expenses
in each fiscal year of the Utility; to pay to those persons entitled
thereto the interest and principal on notes and bonds of the Utility,
and to deposit and accumulate reserve funds or reserves.
The Utility shall be governed by the ordinances, the Administrative
Code, and the resolutions adopted by the Township Council and by administrative
directives.
The financial affairs of the Utility shall be governed in accordance
with the statutes applying to the financial affairs of the municipality
and utilities in general.
The Utility may, from time to time, acquire such real property
as may be authorized by the Township Council by duly adopted ordinances
according to the laws of the State of New Jersey.
The Mayor shall have the full authority to appoint and employ
all necessary employees for the Utility. Salaries of the employees
will be in accordance with classification and salary ordinances duly
adopted by the Township Council. Portions of salaries of existing
employees may be prorated based on the amount of time spent on parking
operations compared to the employees' full time Township responsibilities.
The Utility shall have authority to charge and collect monies
for the use of the utility's facilities whether they be user charges,
rental fees, or lease payments, and to use these monies to defray
the cost of acquisition of lands, buildings and facilities, rights
and interests therein, to equip the facilities, to pay the Utility's
current expenses and to pay the interest and principal on notes and
bonds all in accordance with such duly adopted ordinances and/or resolutions
of the Township Council. The initial rates and fees shall be as currently
on file with the Parking Authority.
If any section, subsection, sentence, clause or phrase of this
article is for any reason held to be unconstitutional or invalid by
any court of competent jurisdiction, such decision shall not affect
the remaining portions of this article.
This article shall take effect as of the dissolution of the
Parking Authority.
